Traffic tickets can cause you a lot of headache.  Not just can traffic tickets – if not handled properly –  be very expensive, they can also cause you to loose your drivers license for up to 12 months without a preliminary hearing.

1) Pursuant to N.C.G.S. §20-16 (a)(5) the Division of Motor Vehicle (hereinafter (DMV) shall have authority to suspend your license, if you, accumulated 12 or more points within a three-year period , or eight or more points in the three-year period immediately following the reinstatement of a license which has been suspended or revoked because of a conviction for one or more traffic offenses.  Pursuant to N.C.G.S. §20-16 (c) DMV shall maintain a record of convictions of every person licensed or required to be licensed under N.C.G.S. Chapter 20, Article 2.  And, all convictions of any motor vehicle laws of North Carolina shall be entered into these records and DMV shall assign for every such conviction a number of points in accordance with the following schedule:

Schedule of Point Values
Passing stopped school bus………………………………………………………………………………………..5
Aggressive driving……………………………………………………………………………………………………5
Reckless driving……………………………………………………………………………………………………… 4
Hit and run, property damage only………………………………………………………………………………4
Following too closely………………………………………………………………………………………………..4
Driving on wrong side of road……………………………………………………………………………………4
Illegal passing…………………………………………………………………………………………………………..4
Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b……………………….4
Failure to yield right-of-way to bicycle,motor scooter, or motorcycle………………………………4
Running through stop sign………………………………………………………………………………………….3
Speeding in excess of 55 miles per hour……………………………………………………………………….3
Failing to yield right-of-way……………………………………………………………………………………….3
Running through red light…………………………………………………………………………………………..3
No driver’s license or license expired more than one year……………………………………………….3
Failure to stop for siren………………………………………………………………………………………………3
Driving through safety zone………………………………………………………………………………………..3
No liability insurance…………………………………………………………………………………………………3
Failure to report accident where such report is required………………………………………………….3
Speeding in a school zone in excess of the posted school zone speed limit……………………….3
Failure to properly restrain a child in a restraint or seat belt…………………………………………….2
All other moving violations…………………………………………………………………………………………2
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle…….1

Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle
Passing stopped school bus………………………………………………………………………………………….8
Rail-highway crossing violation……………………………………………………………………………………6
Careless and reckless driving in violation of G.S. 20-140(f)…………………………………………….6
Speeding in violation of G.S. 20-141(j3)……………………………………………………………………….6
Aggressive driving……………………………………………………………………………………………………..6
Reckless driving…………………………………………………………………………………………………………5
Hit and run, property damage only………………………………………………………………………………..5
Following too closely………………………………………………………………………………………………….5
Driving on wrong side of road………………………………………………………………………………………5
Illegal passing…………………………………………………………………………………………………………….5
Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b…………………………5
Failure to yield right-of-way to bicycle, motor scooter, or motorcycle……………………………….5
Running through stop sign……………………………………………………………………………………………4
Speeding in excess of 55 miles per hour…………………………………………………………………………4
Failing to yield right-of-way…………………………………………………………………………………………4
Running through red light…………………………………………………………………………………………….4
No driver’s license or license expired more than one year…………………………………………………4
Failure to stop for siren………………………………………………………………………………………………..4
Driving through safety zone………………………………………………………………………………………….4
No liability insurance…………………………………………………………………………………………………..4
Failure to report accident where such report is required……………………………………………………4
Speeding in a school zone in excess of the posted school zone speed limit…………………………4
Possessing alcoholic beverages in the passenger area of a commercial motor vehicle…………..4
All other moving violations…………………………………………………………………………………………..3
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle………1

2) Pursuant to N.C.G.S. §20-16 (a)(6) DMV shall have authority to suspend your license, if you made or permitted an unlawful or fraudulent use your license or learner’s permit, or you have displayed or represented as your own, a license or learner’s permit not issued to you.

3) Pursuant to N.C.G.S. §20-16 (a)(7) DMV shall have authority to suspend your license, if you committed an offense in another state, which if committed in this State would be grounds for suspension or revocation.

4) Pursuant to N.C.G.S. §20-16 (a)(8) DMV shall have authority to suspend your license, if you have been convicted of illegal transportation of alcoholic beverages.

5) Pursuant to N.C.G.S. §20-16 (a)(8a) DMV shall have authority to suspend your license, if you have been convicted of impaired instruction under G.S. 20-12.1.

6) Pursuant to N.C.G.S. §20-16 (a)(8b) DMV shall have authority to suspend your license, if you have violated on a military installation a regulation of that installation prohibiting conduct substantially similar to conduct that constitutes impaired driving under G.S. 20-138.1 and, as a result of that violation, has had his privilege to drive on that installation revoked or suspended after an administrative hearing authorized by the commanding officer of the installation and that commanding officer has general court martial jurisdiction.

7) Pursuant to N.C.G.S. §20-16 (a)(9) DMV shall have authority to suspend your license, if you have, within a period of 12 months, been convicted of (i) two or more charges of speeding in excess of 55 and not more than 80 miles per hour, (ii) one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour, or (iii) one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour.

8)  Pursuant to N.C.G.S. §20-16 (a)(10) DMV shall have authority to suspend your license, if you have been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour.

9) Pursuant to N.C.G.S. §20-16 (a)(10a) DMV shall have authority to suspend your license, if you have been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour; or

10) Pursuant to N.C.G.S. §20-16 (a)(10a) DMV shall have authority to suspend your license, if you have been sentenced by a court of record and all or a part of the sentence has been suspended and a condition of suspension of the sentence is that the operator not operate a motor vehicle for a period of time.

However, pursuant to N.C.G.S. §20-16 (d) DMV shall immediately notify the you in writing and upon your request shall afford you an opportunity for a hearing, not to exceed 60 days after receipt of the request.  Such notice goes to the address DMV have on record for you.  This notice includes the reason for your suspension and the date for which your suspension is scheduled to go into effect.  Prior to the effective date of your suspension, you can request a hearing.  Such request causes you to retain your license unless it is revoked under some other provision of the law, until the hearing is held, you withdraw your request, or you fail to appear at a scheduled hearing, N.C.G.S. §20-16 (a).

Collins Law Firm has handled thousands of traffic tickets for our clients, and in most cases we were able to avoid suspensions.  Furthermore, for most simple tickets (speeding violations, passing stopped school bus, illegal passing, etc.), our clients do not even need to go to court. We offer free phone consultations for most traffic matters. If you need advice or information about representation for a traffic violation or in a hearing regarding a scheduled suspension, call us at: 910-793-9000910-793-9000 .

By Jana Collins, Office Manager

This entry was posted on Friday, September 21st, 2012 at 9:40 am and is filed under Legal Advice. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.